NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued June 15, 2011
Decided July 11, 2011
Before
MICHAEL S. KANNE, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 10-2884 Appeal from the
United States District Court for the
UNITED STATES OF AMERICA, Northern District of Illinois,
Plaintiff-Appellee, Eastern Division.
v. No. 09 CR 30
BRYAN CAMPBELL, Matthew F. Kennelly,
Defendant-Appellant. Judge.
ORDER
Bryan Campbell brokered a meeting between a crack dealer and a potential
customer. His stint as a middleman landed him a conviction for conspiracy to distribute a
controlled substance. On appeal Campbell argues that the district court should have
postponed his sentencing until the Fair Sentencing Act went into effect. We disagree; the
court did not have the authority to postpone Campbell’s sentencing to allow him to take
advantage of a change in the law regarding sentences in crack cases. Campbell also
contends that the district court ought to have sentenced him below his guidelines range
using the powder-cocaine guidelines, as the court had done with his codefendant, the crack
dealer. On this issue we conclude that the court did not sufficiently explain its refusal to
use the same approach in sentencing Campbell, so we vacate Campbell’s sentence and
remand for additional explanation.